ROOP CHAND Vs. STATE OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JAMMU AND KASHMIR
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A.M.MIR, J. -
(1.) Admit.Issue fresh notice, Mr. S. K. Anand accepts notice on behalf of respondents.1A. We have taken up the appeal for final hearing. Heard learned counsel for the parties.The appeal is directed against the judgment of a learned single Bench passed in OWP No. 807/96 on 13-11-1998. The judgment of the learned single Judge from page one to page four is only reproduction of a Supreme Court finding passed in a case titled T. N. Godavarman Thirumulkpad v. Union of India, reported in 1997 (2) SCC 267 : (AIR 1997 SC 1228). The only addition made by the learned single Judge is a prefacing sentence in the beginning and one towards the conclusion.In the beginning, the writ Court introduces the case by stating as under :-"The petitioner submits that he be issued requisite permission to deal with the timber. It be seen that the matter now stands covered by the decision given by the Supreme Court of India in the case reported as 'T. N. Godavarman Thirumulkpad v. Union of India, 1997 (2) Supreme Court Cases 267."Then towards the conclusion the learned single Bench holds as under :-"This petition is disposed of with a direction that respondents would take notice of the directions given by the Supreme Court and take further action as per directions given by the Supreme Court.In case any adverse order is passed then the petitioner would be at liberty to challenge again."
(2.) Except the above reproduced paras the writ Court does not say anything but only reproduces the Supreme Court judgment. The above facts make it necessary for us to outline the salient features which a judgment must have. The term judgment has been defined in sub-sec. (9) of S. 2 of Code of Civil Procedure (hereinafter referred to as the Code) which reads as under :-"Judgment means the statement given by the Judge of the grounds of a decree or an order."'Order' in terms of sub-sec. (14) of S. 2 has been defined as :-"Order formal expression of any decision of a civil Court which is not a decree." Similarly the word 'Decree' under S. 2(2) has been defined as under :-"Decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within S. 144, but shall not include :-(a) any adjudication from which an appeal lies as an appeal from an order, or(b) any order of dismissal for default."Thus a conjoint reading of these definitions brings us to the conclusion that a judgment is a statement of grounds given by a Judge in support of his formal expressions of an adjudication, which must conclusively determine the rights of the parties, projected through the pleadings.Order 20 of the Code lays down the procedure for drawing of judgments. Under sub-rule (2) of Rule 4 of the Code, judgments of Courts other than small cause Courts are required to contain a concise statement of case, the points for determination, the decision there on and reasons for such decision.Same pattern is adopted by J and K High Court Rules. Rule 57, Sub-rule (3) of J and K High Court Rules adopts the four ingredients of Rule 4 of Order 20 supra and lays down as under :-"57(3) : A judgment shall contain a concise statement of case, the points for determination, the decision there on and the reasons for such decision."
(3.) Reading the definition clauses with Order 20, Rule 4 of the Code and Rule 57(3) of the J and K High Court Rules, we come to the conclusion that a judicial finding must satisfy the following conditions :-1. It must be a formal expression of opinion; 2. The expressions should relate to the adjudication of rights of the parties. Those rights must emerge out of the pleadings.3. Judgment must aim at finality.4. It must record reasons.The above trappings of a judgment can be ensure if the Court first gives out a concise statement of the case and then precedes to indicate the points for determination. After this is done, the Court has to handdown its decision on those points. Lastly it has to lay down reasons for such decision.It is obvious that all these four ingredients are to be satisfied and all of them are equally important. The importance of those ingredients may vary in degree but all of them are important, Enumeration of points of determination enables the Courts to circumscribe itself fully within the ambit of points in controversy which arise out of the pleadings. A decision or a formal expression of opinion is as important as giving reasons for such decision. There can be no judgment either without a decision of the Court of without reasoning given by the Court in support of its decision. If the decision is given without any reasons then one of the two most essential ingredients will be missed. It is on the basis of the reasons which support a judgment that the same can be challenged in an appeal. Obviously when no reasons are given, the judgment is vitiated as being violative of rules of natural justice. It is in this backdrop that Supreme Court of the Country has made it imperative for all the Courts to lay down reasons in support of their judgments.;
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